Cases in trial or on appeal against verdict

On 29 January 2008 the Court issued a decision ordering Predrag Bastah and Goran Višković into custody.

The trial commenced on 3 July 2008. On the same day, the Court issued a decision on separating the case of Predrag Bastah and Others (X-KR-05/122) from now on the case will be processed under the case Predrag Bastah and Another (X-KR-05/122) for the accused Predrag Bastah and Goran Višković; and case Veljko Bašić (X-KR-05/122-1) for the accused Veljko Bašić.

As alleged in the Indictment, the Accused Predrag Bastah, Goran Višković and Veljko Bašić, during the period from April to late September 1992, took part in a systematic attack directed against the non-Serb population of the Vlasenica Municipality. The Accused allegedly took part in the arrest, capture and detention of Bosniak civilians in the “Sušica” camp. As the Indictment alleges among other things, on 23 April 1992 the Accused Predrag Bastah, as a member of the Reserve Police Force Vlasenica, in the immediate vicinity of the catering establishment „Lipa“ in Vlasenica, together with another Serb soldier, ordered a civilian to drive to the Police Station in Vlasenica. Later on, together with three other Serb soldiers the Accused Bastah allegedly beat him all over his body causing severe bodily injuries. Furthermore, as alleged in the Indictment, on 31 May 1992 the Accused Bastah took part in the unlawful detention of two Bosniak civilians in the Police Station Vlasenica, where they were allegedly tortured. As the Indictment further alleges, as a member of the Army of Republika Srpska and together with a few unidentified persons in uniforms, the Accused Goran Višković beat a Bosniak civilian repeatedly in May 1992 at the Police Station Vlasenica. Later on, this civilian was allegedly locked in the cell for 7 days and then transferred to the „Sušica“camp wherefrom he disappeared without a trace. In June 1992, the accused Goran Višković and Predrag Bastah allegedly took to the „Sušica“ camp a civilian, who was then taken away from there and has been unaccounted for ever since. Further, as alleged in the Indictment, in June 1992 the Accused Višković raped one female person in the presence of three guards.

In his capacity as the warden of the “Sušica” camp, the Accused Veljko Bašić is charged with failing to take any action to punish the perpetrators and prevent the killing and forced disappearance of prisoners from the “Sušica” camp. The Accused Bašić allegedly took part in the transfer of hundreds of detainees to the “Batković” camp near Bijeljina and in the forced displacement of captive women and children to Kladanj or Cerska.

Counts of the Indictment:

The Indictment charges Veljko Bašić with Crimes against Humanity under Article 172(1)(h) (persecution) of the Criminal Code of BiH (CC BiH) in conjunction with the following items:

a) Depriving another person of his life (murder),
d) Deportation or forcible transfer of population,
e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law,
f) Torture,
i) Enforced disappearance of persons, and
k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to physical or mental health.

All in conjunction with Article 180(1)(2) (individual and command criminal responsibility) of CC BiH.

The Indictment charges Predrag Bastah with Crimes against Humanity under Article 172(1)(h) (persecution) of the Criminal Code of BiH (CC BiH) in conjunction with the following items:

a) Depriving another person of his life (murder),
d) Deportation or forcible transfer of population,
e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law,
f) Torture,
g) Coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape),
i) Enforced disappearance of persons, and
k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to physical or mental health.

All in conjunction with Article 180(1) (individual criminal responsibility) of CC BiH.

The Indictment charges Goran Višković with Crimes against Humanity under Article 172(1)(h) (persecution) of the Criminal Code of BiH (CC BiH) in conjunction with the following items:

a) Depriving another person of his life (murder),
d) Deportation or forcible transfer of population,
e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law,
f) Torture,
g) Coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape), and
i) Enforced disappearance of persons,

All in conjunction with Article 180(1) (individual criminal responsibility) of CC BiH.

Course of the proceedings:

On 23 April 2008 the Court confirmed the Indictment.

At a plea hearing held on 30 April 2008 the Accused Veljko Bašić and Goran Višković pleaded not guilty. On 13 May 2008 at the plea hearing Predrag Bastah did not enter his plea; therefore the Court recorded a plea of not guilty in accordance with the Law.

The trial commenced on 3 July 2008.

On 5 february 2010, the Court pronounced the first-instance Verdict by which the accused Predrag Bastah and Goran Višković were found guilty of the criminal offence of Crimes against Humanity. In that regard the Court sentenced the accused Predrag Bastah to 22 years of long-term imprisonment and the accused Goran Višković to 18 years of imprisonment. The Court issued a Decision on extending custody of the accused Predrag Bastah to nine months which may last until 5 November 2010. In relation to the accused Goran Višković the Court ordered custody in the duration of nine months which may pursuant to the Decision last until 5 November 2010.

A session before the Appellate Panel in this case was held on 22 February 2011.

Following a public session held on 22 February 2011, the Appellate Division Panel of the Court of BiH, on 22 February 2011 rendered and on 26 April 2011 sent to the parties the Second Instance Verdict refusing as unfounded the Appeals filed by the Prosecutor's Office of BiH, the accused Predrag Bastah and the Defense Counsel for the accused Bastah and Goran Višković, upholding the First Instance Verdict of 5 February 2010.